KALIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has assailed the judgment of conviction and order of sentence dtd. 21/5/2019 passed by the learned 3rd Additional Sessions Judge-cum-P.O., Children's Court, Cuttack in Spl. G.R. Case No.74 of 2014 arising out of G.R Case No. 1406 of 2014 corresponding to Choudwar P.S. Case No.218 of 2014 of the Court of the learned Judicial Magistrate First Class (Rural) (J.M.F.C), Cuttack.

(2.) Prosecution case is that on 9/10/2014 around 5 p.m., the informant (P.W.2) when returned home, he heard that the accused committed rape upon her eight year old minor daughter in the afternoon, when she had gone to attend the call of nature in the nearby field. As a result of sexual assault upon the daughter of the informant (victim), she had sustained bleeding injuries and thereafter, the accused being confronted, abused the mother of the victim i.e. P.W.1, who happens to be the wife of the informant (P.W.2).

(3.) In course of investigation, the Investigating Officer (I.O) examined the informant (P.W.2), his wife (P.W.1) and the victim (P.W.3). The victim had been sent for medical examination. The I.O then had also seized certain incriminating articles.